Legal Question in Family Law in Iowa

My wife and I are considering relocating from Kansas City to Denver, CO (I have a job offer in Denver). My wife and I have physical placement of her daughter. A custody agreement was issued seven years ago in Waterloo, IA (Black Hawk County) for joint custody between her and her daughters biological father (visitation is: 1 weekend a month and 4 weeks during the summer). My wife was living with her daughter in Kansas City at the time the agreement was created and visitation was established based on her residence in KC.

From what I have read, Iowa requires a relocation petition be submitted for any move greater than 150 miles from the location the minor was living at the time the custody agreement was created. My question is whether we would follow Iowa or Missouri law since her daughters permanent residence is (and has been) Kansas City. Would we need to file a petition in Iowa? Or, would be file a petition in MO since this is her place of residence?

Any advice would be helpful.

Thanks,

Christian


Asked on 9/09/09, 4:34 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The custody and support agreement was issued in the state of Iowa, and that will be what governs, unless you have spent enough time in Missouri to grant their courts jurisdiction of the matter, in which case you will have to hire a Missouri attorney to take care of the matter.

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Answered on 9/10/09, 8:59 am


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